A postnuptial agreement is entered into after marriage or civil partnership. In the case of civil partners, they are sometimes referred to as post-civil partnership agreements or “post-cips”
Many couples choose to have a postnuptial agreement when they are relocating to the UK and want to protect their assets and have some certainty in case of a future English divorce.
While not strictly legally binding, if done properly, it is extremely difficult to challenge the terms of a postnuptial agreement. In fact, postnuptial agreements can be more likely to be upheld thanprenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
Sometimes clients ask why they need a postnup if they have already signed a prenuptial. There may be concern about the strength of a prenuptial (for example, if it was only signed the day before the wedding), or they may just wish to reaffirm the terms of the original prenuptial.
They may also be useful where there has been a change in circumstances since the prenuptial was signed (for example, an unexpected inheritance or career change). Or if a couple has had relationship difficulties and want the marriage to continue with financial peace of mind
We can have as much or as little involvement in the negotiations as you want us to. Some clients come to us with a very clear idea of the key terms of their postnuptial agreement and others want advice on what would be the appropriate level and structure of financial provision. As with prenuptial agreements, both you and your spouse are required to give financial disclosure before the agreement is finalised.
Recent examples of our work
- Our high net worth Middle Eastern client was relocating to the UK with his wife, and wanted to ensure that his assets (built up before the marriage) were protected in the event of divorce.
- We acted for a wife who was reconciling with her husband, a banker, and wanted to ensure certainty and security in case of a future separation.
If you require further information or advice from our team of specialist nuptial lawyers, please submit a brief online enquiry
